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State v. Walls11/3/1995
LAKE, Justice.
Defendant was indicted on 20 July 1992 for the offenses of assault with a deadly weapon with intent to kill inflicting serious injury and the first-degree murder of three-year-old James Christopher Bainbridge. Defendant was tried capitally, and the jury returned verdicts of guilty of assault with a deadly weapon with intent to kill inflicting serious injury and guilty of first-degree murder on the basis of premeditation and deliberation and under the felony murder rule. Following a capital sentencing proceeding pursuant to N.C.G.S. § 15A-2000, the jury recommended a sentence of death. Judge Brown sentenced defendant to death for the murder conviction and a consecutive term of twenty years' imprisonment for the assault conviction. For the reasons stated herein, we find no prejudicial error in the guilt/innocence and sentencing phases, and we conclude the sentence of death is not disproportionate.
Alice Bainbridge, who was separated from her husband, lived with their three-year-old son, Christopher Bainbridge, and the defendant in Roanoke Rapids. On 23 May 1992, Alice, Christopher and defendant left for Richmond, Virginia, sometime around 10:00 a.m. to visit defendant's son. Alice drove, and Christopher was buckled in his car seat in the back. During the drive, defendant began hitting Alice in the face, knocking her glasses off, and calling her foul names. The second time Alice's glasses were knocked off, they fell out of the car window and landed on the highway. Alice was forced to pull over and retrieve them. After picking the glasses up from the road, Alice returned to the car and heard Christopher scream. The physical assault against Alice continued. Alice had put a drink for the child in a cooler, and every time Christopher tried to get the drink out of the cooler, defendant would hit and curse him. Defendant also threw an almost full beer can at Christopher and threatened to kill him. Once they reached defendant's son's house in Richmond, defendant kicked Alice in the face and took the car keys out of the ignition. He then went inside, leaving Alice and the child stranded in the car. When defendant's son's wife came outside the house and saw Alice's bloody nose and swollen lip, she threatened to call the police. Defendant made Alice drive to another house, where defendant said he had friends who would kill Alice and Christopher. No one was home. On the way back to Roanoke Rapids, defendant continued to strike Alice. Her glasses flew out of the window again, but this time defendant would not let her stop to get them. Alice drove to a welcome center, and defendant got behind the wheel because Alice could not see to drive anymore. Feeling weak, Alice slumped down in the passenger seat; defendant continually struck her on the chest to keep her awake. Alice testified the next thing she remembered was defendant parking the car at a boat landing by the Roanoke River. Defendant opened the back door of the car and got Christopher out of his car seat. Christopher let out one cry and one grunt. Defendant, holding Christopher by one hand and one foot, threw the child into the river. Alice ran to the water begging for defendant to help her. Defendant refused.
Melvin McMichael and Shirley Floyd were fishing at a spot not far from the boat ramp. They heard a splash and a cry for help. McMichael ran to investigate and saw Alice feeling around under the water. Her face was swollen, and she was bleeding from the nose and mouth. She asked McMichael to help her find her baby, but defendant told McMichael that only an old dog fell in the river and that he had his baby. Defendant then reached into the car and pulled out a puppy and began to pet it. Defendant refused McMichael's request
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